I have to admit that I read this story while being jostled around on the MRT and while standing. I understood that the U.S. Supreme Court, while considering certioari (will we look at this issue?) asked the Court of appeals to give more information. That is, the tesitomy of President Chen. I need to find the article again and read it in more depth but, I also know the same issue came up back with Guam. They held there with the same opinion that Mr Lin wants. That is, Guam was a military possesion. I have to admit that I have not researched the history of Guam. I can not think of a country contesting jurisdiction as in the case with Taiwan, but I'm not sure it is a distinction. Your pregnant or you ain't.
I do recall reading, again without reviewing historical records, that in the treaty of Shimonski (I am sure it's mispelled) China gave up Taiwan (Irrevocably - words that were used) to Japan. Of course this was leading up to WWII. After WWII, in, hell, what was it?, about 1950?) Japan "Irrevocably" gave up Taiwan but they did not mention a reciever. Thus, as a conqueror of Japan, all Japanese land at the time of the signing of the Japanese surrender on the USS Missouri, became military conquest of the U.S.
Now, how in the hell does China think they even have a tentative claim on Taiwan? Only bravado! If Mr. Lin is correct, and I think he is, Taiwan is still a U.S. military possession that the U.S. may grant independance, which they have done before, or statehood. (Haven't done that recently, only during the War of Independence).
Alot has been said about President Nixon's change of "Favorite Nation Status from Taiwan to China. Of course, this ousted Taiwan from the U.N. This action was done by Secretary of State, H. Kissenger. Records record that he signed the document while drunk on his ass. Even if effective, the Sec. of State does not have the power to reliquish control of Taiwan to China. That takes an act of Congress. That's why my country has "checks and balances" Kissinger was only signing his "opinion" Congress must vote and they didn't. Sorry, if China didn't recognize this. Better get some Chinese scholors educated.
Now, you historian buffs, check it out. I did no research and am only rattling off the top. But, that's as I see it.